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CALIFORNIA  STATE  PRINTING  OFFICE 

SACRAMENTO 

1919 


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CHARLES  G.  JOHNSON 
Superintendent 


CALIFORNIA  STATE  PRINTING  OFFICE 

SACRAMENTO 

1919 


WEIGHTS  AND  MEASURES. 

CONSTITUTIONAL  PROVISION. 


SEC.  l:4*v.^hej(^ste$fi;£*inay  by  general  and  uniform 
laws  p?oyifteTf«r.  -tt«.  inspection,  ficreasurement  and  gradua- 
tion  "of  'mercSariu'ise,  manufactured  articles  and  commodi- 
ties, and  may  provide  for  the  appointment  of  such  officers 
as  may  be  necessary  for  such  inspection,  measurement  and 
graduation.  [Amendment  adopted  October  10,  1911.] 


WEIGHTS  AND  MEASURES  ACT. 

An  act  to  establish  a  standard  of  weights  and  measures 
in  the  State  of  California;  to  regulate  weights  and 
measures  and  weighing  and  measuring  instruments 
and  devices  and  providing  for  the  inspection  and 
sealing  thereof;  to  prevwtf  the  u*e  and'sdfa  of  false 
weights  and  measures  an'd'* w'sig'.'iing  ariG*  measuring 
instruments  and  devices;  providing  for  the  inspection, 
measurement  and'  weighing  vf  good^,]comniot3ities, 
wares,  packages  and  amounts 'of  commodities  kept 
for  sale  or  in  process  of  delivery;  to  prevent  the  sale 
of  goods,  wares  and  merchandise  ~by  false  weights  and 
measures;  to  provide  penalties  for  the  violation  of  the 
provisions  of  this  act;  for  the  admission  in  evidence 
of  copies  of  the  state's  standard  of  weights  and 
measures;  providing  for  the  appointment  of  officers 
to  enforce  and  carry  into  effect  the  provisions  of  this 
act  including  a  State  Superintendent  of  Weights  and 
Measures  and  his  deputy,  sealers  of  weights  and 
measures  and  their  deputies;  defining  the  powers  and 
duties  of  such  officers;  and  making  an  appropriation 
to  carry  this  act  into  effect. 

[Approved  June  16, 1913 ;  Stats.  1913,  p.  1086.     Amended, 
Stats.  1915,  p.  1312;  Stats.  1917,  p.  1647.] 

SECTION  1.     There  is  hereby  created  the  office  Office  of 
of  State  Superintendent  of  Weights  and  Meas-  superin- 
ures.     Within  thirty  days  after  this  act  becomes  tendent  of 
effective,  the  governor  shall  appoint  a  suitable  *eeifjj£sand 
person  as  State  Superintendent  of  Weights  and  created. 
Measures.     Wherever  in  this  act  the  term  super- 
intendent   or   state    superintendent   is    used,    it 
shall  be  taken  as  referring  to  and  meaning  State 
Superintendent  of  Weights  and  Measures. 

SEC.  2.    The  term  of  office  of  State  Superin-  Term 
tendent  of  Weights  and  Measures  shall  be  four 
years,   or   until   his  successor   shall   have   been 
appointed  and  qualified,,  but  he  shall  always  be 
subject  to  removal  at  the  pleasure  of  the  gov- 
ernor.    The  salary  of  State  Superintendent  of 
Weights  and  Measures  shall  be  four  thousand  balary- 
dollars  per  annum,  payable  in  the  same  manner 
as  other  state  officers  are  paid.     Before  entering 
upon  his  duties  he  shall  execute  a  bond  to  the  R 
state  in  the  sum  of  five  thousand  dollars,  con-    ( 
ditioned   upon   the   faithful   performance  of  his 
duties.      [Amendment,     Stats.     1911,    p.     1648. 
Also  amended,  Stats.  1915,  p.  1312.] 

SEC.  3.     The    state   superintendent    may    ap- 
point a  deputy,  who  shall  have  the  same  powers  DePuties- 
as  the  state  superintendent.     Such  deputy  shall 
receive  a  salary  of  eighteen  hundred  dollars  per 


965382 


4  GENERAL  LAWS. 

annum,  payable  in  the  same  manner  as  other 
state  officers  are  paid.  He  shall  be  at  all  times 
subject  to  removal  at  the  pleasure  of  the  state 
superintendent.  The  state  superintendent  may 
also  appoint  additional  deputies  from  time  to 
time  to  serve  as  sealers  of  weights  and  measures 
at  the  request  of  counties,  as  provided  in  sec- 
tion sixteen  -oi  this  act.  Such  deputies  when 
actually  employed  shall  be  paid  at  the  rate  of 
one  hundred  and  fifty  dollars  per  month  by  the 
ecuctj  engaging  tiieir  s-ervices  and  not  by  the 
state.  They  also  shall  receive  their  actual 
traveling  expenses  from  such  county.  [Amended, 
Stats.  1915,  p.  1313.] 

Traveling  SEC.  4.     The    state    superintendent    and    his 

expenses6  dePuty  sna11  each  be  allowed  their  actual  travel- 
ing expenses,  to  be  approved  by  the  state  board 
of  control  in  the  same  manner  as  other  claims 
against  the  state.  The  state  superintendent 
shall  also  be  allowed  necessary  office  expenses  to 
be  approved  by  the  state  board  of  control  in  the 
same  manner  as  other  claims  against  the  state. 

Standards  of  SEC.  5.  The  standards  of  weights  and  meas- 
ures  received  from  the  United  States  under  a 
resolution  of  congress  approved  June  14,  1836, 
and  such  new  weights  and  measures  as  shall  be 
received  from  the  United  States  as  standard 
weights  and  measures  in  addition  thereto  or 
renewal  thereof,  and  such  as  shall  be  procured 
by  the  state  in  conformity  therewith  and  certi- 
fied by  the  national  bureau  of  standards,  shall 
be  the  state  standards  by  which  all  state,  county 
and  municipal  standards  of  weights  and  meas- 
ures shall  be  tried,  proved  and  sealed. 

Custody  of  SEC.  6.  The  standards  referred  to  in  the  pre- 
irds-  ceding  section  shall  be  kept  by  the  state  superin- 
tendent in  a  safe  and  suitable  place  in  his  office 
from  which  they  shall  not  be  removed  except  for 
repairs  or  certification.  He  shall  maintain  such 
standards  in  good  order  and  shall  submit  them 
at  least  once  in  ten  years  to  the  national  bureau 
of  standards  for  certification.  Upon  demand  the 
secretary  of  state  shall  deliver  to  the  state 
superintendent  all  standards  now  under  the  con- 
trol and  in  the  possession  of  the  secretary  of 
state  in  his  capacity  of  ex  officio  state  sealer 
of  weights  and  measures.  The  state  superin- 
tendent shall  thereupon  submit  such  standards 
received  from  the  secretary  of  the  state  to  the 
national  bureau  of  standards  for  certification, 
and  he  shall  replace  such  standards  as  are  in- 
correct and  purchase  such  additional  standards 
as  shall  be  necessary  to  complete  and  make  up 
a  complete  standard  of  weights  and  measures  as 
required  by  this  act.  He  shall  also  purchase 


DEPARTMENT    WEIGHTS    AND    MEASURES.  0 

such  apparatus  as  shall  be  found  necessary  to  a 
proper  prosecution  of  the  work  of  the  office. 
The  State  Superintendent  of  Weights  and 
Measures  may  establish  tolerances  and  specifi-  Tolerances, 
cations  for  commercial  weighing  and  measuring 
apparatus  for  use  in  the  State  of  California 
similar  to  the  tolerances  and  specifications 
recommended  by  the  national  bureau  of  stand- 
ards, and  he  may  establish  a  standard  net 
weight,  or  net  measure,  or  net  count  of  any 
commodity,  produce  or  article  except  any  manu- 
factured commodity  consisting  of  four  or  more 
staple  ingredients,  and  prescribe  such  tolerances 
for  same  as  he  may  in  his  best  judgment  deem 
necessary  for  the  proper  protection  of  the  pub- 
lic. Any  person  violating  such  standards  or 
tolerances  shall  be  guilty  of  a  misdemeanor. 
[Amended,  Stats.  1911,  p.  1648.  Also  amended, 
Stats.  1915,  p.  1313.] 

SEC.  8.  The  state  superintendent  shall,  at  Copies 
the  request  of  the  legislative  body  of  any  county,  cS,  etc. 
city,  town,  or  city  and  county,  furnish  to  said 
county,  city,  town  or  city  and  county,  copies  of 
the  standard  weights  and  measures  of  the  state ; 
such  copies  shall  be  furnished  at  the  expense  of 
the  county,  city,  town  or  city  and  county  re- 
questing the  same.  He  shall  upon  request  of  Testing, 
the  legislative  body  of  any  county,  city,  town, 
city  and  county  or  upon  the  request  of  a  sealer 
of  weights  and  measures  of  any  such  county, 
city,  town  or  city  and  county,  appointed  pur- 
suant to  the  provisions  of  this  act,  test  and 
accurately  approve  copies  of  the  state's  stand- 
ards of  weights  and  measures  procured  by  any 
such  county,  city,  town  or  city  and  county  to  be 
used  by  a  sealer  of  weights  and  measures  in  the 
performance  and  discharge  of  his  duties.  Copies 
furnished  under  the  provisions  of  this  section  or 
copies  tested  and  approved  by  the  state  superin- 
tendent under  the  provisions  of  this  section  shall 
be  true  and  correct ;  shall  be  sealed  and  certified 
to  by  the  state  superintendent  and  stamped  with 
the  letter  "C."  Such  copies  need  not  be  of  the 
same  material  or  construction  as  the  standards 
of  the  state  and  such  copies  may  be  furnished  in 
any  suitable  materials  or  construction  that  the 
county,  city,  town,  or  city  and  county  requiring 
the  same  may  specify,  subject  to  the  approval 
of  the  state  superintendent. 

SEC.  9.     The    state    superintendent    shall    in-  inspection  of 
spect  and   correct  the  standards  used   by   each  standards 
county,   city,    town   and    incorporated   city   and 
county  of  the  state,  and  at  least  once  in  two 
years  compare  the  same  with  those  in  his  pos- 
session   and   keep   a    record   of    the   same,   and 


6  GENERAL   LAWS. 

where  not  otherwise  provided  by  law  he  shall 
have  general  supervision  of  the  weights  and 
measures  and  weighing  and  measuring  devices 
offered  for  sale,  sold  or  in  use  in  the  state. 
Sealers  of  weights  and  measures  appointed 
under  the  provisions  of  this  act  shall,  upon  the 
request  of  the  state  superintendent,  deliver  to 
the  state  superintendent  at  his  office  the  copies 
of  the  state's  standards  of  weights  and  measures 
in  their  possession,  and  used  in  the  discharge 
and  performance  of  their  duties,  for  verification 
and  certification  by  the  state  superintendent. 

Expense.  The  actual  expense  of  such  comparison  and 
verification  shall  be  borne  by  the  county,  city, 
town  or  city  and  county  whose  weights  and 
measures  are  compared  and  verified.  In  addi- 
tion to  the  standards  heretofore  referred  to  and 
required  to  be  kept  by  the  state,  the  state  shall 

Complete  set  ajgo  nave  a  complete  set  of  copies  of  said  orig- 
inal standards  of  weights  and  measures  adopted 
by  this  act,  which  shall  be  used  for  adjusting 
county  and  municipal  standards  by  the  state 
superintendent  and  his  deputy  in  the  perform- 
ance of  their  duties,  and  the  original  standards 
shall  not  be  used  except  for  the  adjustment  of 
this  set  of  copies  and  for  certification  purposes. 
Additional  complete  sets  of  copies  of  such  orig- 
inal standard  of  weights  and  measures  may  be 
purchased  by  the  superintendent  when  the  same 
are  necessary  for  use  by  any  deputy  state  super- 
intendent employed  by  counties  under  section 
sixteen  of  this  act.  The  state,  however,  shall 
be  reimbursed  for  the  purchase  of  such  copies 
by  the  county  in  which  the  same  are  used,  in 
the  manner  hereinafter  provided. 

Testing  of         SEC.  10.     The    state    superintendent    or    his 

meSitresand  dePutv    shall»    at    least    once    annually    and    as 
used  by  state  of  ten  as  requested  by  the  state  board  of  control 
institutions.  OP    the    executive    officers    of    the    institutions 
herein  referred  to,  test  the  scales,  weights  and 
measures  used  in  checking  the  receipt  and  dis- 
bursement of  supplies  in  every  institution  con- 
ducted   by    the    state,    and    he    shall    report    in 
writing  his  findings  to  the  executive  officer  of 
the  institution  concerned  and  to  the  state  board 
of  control. 

Inspecting         SEC.  11.     The    state    superintendent    or    his 
work  of  local  deputy  shall  at  least  once  in  two  years  visit  the 
sealers.         various    cities    and    counties    of    the    state    and 
inspect  the  work  of  the  local  sealers  of  weights 
and  measures,  and  in  the  performance  of  said 
duties  he  or  his  deputy  may  inspect  the  weights, 
measures,   balances   or   any    other   weighing   or 
measuring  devices  of  any  person,  firm  or  corpo- 
ration.    The     state     superintendent     and     his 


DEPARTMENT   WEIGHTS   AND   MEASURES. 

deputy  shall  have  all  the  powers  of  sealers  of 
weights  and  measures  provided  for  in  this  act. 

SEO.  12.  The  state  superintendent,  if  he 
finds  that  any  sealer  of  weights  and  measures  sealers 
appointed  under  the  provisions  of  this  act,  or  neglecting 
any  sealer  or  deputy  sealer  appointed  by  any  duties- 
city  or  county  in  this  state,  prior  to  this  act, 
has  refused  or  neglected  to  perform  the  duties 
of  his  office  or  refused  to  accept  the  recom- 
mendations and  instructions  of  the  state  super- 
intendent or  is  guilty  of  any  malfeasance  in 
office  or  who  is  incompetent,  shall  present  to 
the  body,  officer  or  board  having  power  to 
remove  such  sealer  or  deputy  sealer  of  weights 
and  measures  a  written  charge  and  accusation 
based  upon  and  clearly  stating  the  alleged 
offense  or  offenses  of  such  sealer  or  deputy 
sealer  and  request  such  body,  officer  or  board  to 
hear  and  determine  such  charge  and  accusation. 
Upon  receipt  of  such  charge  and  accusation,  it 
shall  be  the  duty  of  the  body,  officer  or  board 
with  whom  the  same  have  been  filed  to  make 
an  order  setting  the  same  for  hearing  at  a  time  Hearing, 
which  shall  be  not  less  than  ten  nor  more  than 
twenty  days  from  the  date  upon  which  such 
charge  and  accusation  shall  have  been  filed,  and 
shall  in  such  order  fix  the  time  and  place  for 
such  hearing.  A  copy  of  such  charge  and  Copy 
accusation,  together  with  a  copy  of  such  order,  furnished 
shall  be  served  upon  the  accused  at  least  seven  ac 
days  prior  to  the  time  fixed  for  such  hearing ; 
provided,  that  in  the  event  he  shall  absent  him- 
self from  his  usual  place  of  business,  or  office, 
such  service  may  be  made  by  depositing  such 
copies  in  a  conspicuous  place  therein  or  by 
leaving  the  same  at  the  last  known  place  of 
residence  of  the  accused,  within  the  time  above 
limited.  At  such  hearing  the  accused  shall  have 
the  right  to  be  represented  by  council,  if  he  so 
desires,  and  to  produce  witnesses  and  docu- 
mentary evidence  in  his  defense.  If,  upon  such  If  found 
hearing,  he  be  found  guilty  of  malfeasance  in 
office,  or  adjudged  to  be  incompetent  to  perform 
the  duties  of  his  office,  the  body,  officer  or  board 
before  whom  such  hearing  is  had  must  forth- 
with remove  him  from  office.  If  he  be  found 
guilty  of  any  of  the  other  offenses  herein 
enumerated  he  may  be  punished  by  removal  or 
by  suspension  without  pay  for  a  period  not 
exceeding  thirty  days,  as  such  body,  board  or 
officer  may  determine.  If  he  has  reason  to 
believe  that  any  such  sealer  or  deputy  sealer  of 
weights  and  measures  has  committed  any  of  the 
offenses  specified  in  section  seven  hundred  and 
seventy-two  of  the  Penal  Code,  the  state  super- 


8  GENERAL   LAWS. 

intendent  may,  in  his  discretion,  present  an 
Accusation  accusation  to  the  superior  court  of  the  county 
to  superior  in  which  the  accused  is  employed,  which  shall 
thereupon  be  heard  and  determined  by  such 
court  in  the  manner  provided  by  law.  The 
remedies  provided  in  this  section  are  cumulative 
merely,  and  shall  not  in  any  wise  detract  from 
the  right  of  the  appointing  power  to  remove  at 
will  any  such  sealer  or  deputy  sealer  of  weights 
Unlawful  to  and  measures.  It  shall  be  unlawful  for  the 
instrument!? state  superintendent,  his  deputies,  or  any  sealer 
of  weights  and  measures  to  keep  for  sale,  or 
offer  or  expose  for  sale,  or  to  sell  to  any  person, 
firm,  or  corporation,  or  dealer  in  goods,  wares 
and  merchandise,  doing  or  intending  to  do  busi- 
ness in  the  State  of  California  any  weighing  or 
measuring  instrument,  or  to  be  interested 
directly  or  indirectly  in  the  sale  of  any  weigh- 
ing or  measuring  instrument.  [Amended,  Stats. 
1915,  p.  1313.] 

Investigate  SEC.  13.  It  shall  be  the  duty  of  the  state 
conditions  superintendent  to  investigate  conditions  in  the 
instate.  various  counties,  cities  and  towns  of  the  state 
in  respect  to  weights  and  measures,  and  to  the 
sale  of  goods,  wares  and  merchandise,  com- 
modities and  foodstuffs  in  containers.  The 
state  superintendent  shall  annually  report  to 
the  governor,  and  shall  prior  to  each  regular 
session  report  to  the  legislature  the  work  of  his 
office,  and  shall  make  such  recommendations  as 
he  shall  deem  proper  and  necessary. 

Instructions  SEC.  14u  The  state  superintendent  shall 
to  sealers.  issue  instructions  and  make  recommendations 
to  the  county  and  municipal  sealers  of  weights 
and  measures,  appointed  under  the  provisions 
of  this  act,  and  such  instruction  and  recommen- 
dations shall  govern  the  procedure  to  be  fol- 
lowed by  the  aforesaid  officers  in  the  discharge 
of  their  duties. 

Record  of  gEc.  15.  The  state  superintendent  shall 
acts  done.  keep  in  h}s  ofgce  a  complete  record  of  all  acts 
done  by  him  and  a  record  of  all  prosecutions 
for  violation  of  the  provisions  of  this  act,  and 
the  reports  of  the  various  sealers  of  weights 
and  measures  appointed  under  the  provisions  of 
this  act,  which  records  and  reports  shall  always 
be  open  to  the  public. 

Office  of  SEC.  16.     The  office  of  sealer  of  weights  and 

sealer  of       measures  is  hereby  created.     Whenever  in  this 
Sures      act  the  term  "sealer"  is  used,  the  same  shall  be 
created.        taken  to  mean   and   refer  to  sealer  of  weights 
and  measures.       Within  one  hundred  and  twenty 
days  after  the  approval  of  this  act  by  the  gov- 
ernor, it  shall  be  the  duty  of  the  board  of  super- 
visors   of    each    of    the    counties    of    the    state 


DEPARTMENT    WEIGHTS    AND    MEASURES.  9 

except    as    hereinafter   provided,    to    appoint    a 
staler  of  weights  and  measures  for  their  respec- 
tive counties ;  said  sealer  shall  receive  as  com-  Compen- 
pensation  the  sum  of  five  dollars  per  day   for  satlon- 
each  day  actually  employed  in  the  service  of  the 
county,  to  be  audited  and  paid  as  other  claims 
against   the   county.     He   shall    be   allowed    his 
traveling  expenses  actually  and  necessarily  in- 
curred in  the  performance  of  his  duties.     The 
term    of   office    of   such    sealer   of   weights    and  Term, 
measures  shall  be  four  years,  but  he  shall   be 
subject  to  removal  at  the  will  of  such  board. 
A  sealer  appointed  under  this  act  may,  with  the 
consent    of    the    board    of    supervisors    of    the 
county    appointing    him,    appoint    a    deputy    or  Deputies, 
deputies  when  necessary  or  expedient  to  carry 
out  the  provisions  of  this  act.     The  compensa- 
tion of  such  deputies  shall  be  the  same  as  the 
county    sealer   and   paid   in    the   same    manner. 
Such   deputies    shall   always   be   subject    to    re- 
moval by  the  sealer  of  weights  and  measures. 
In  case  the  legislative  body  of  any  county  or  Failure  of 
city  and  county  shall  not  appoint  a  sealer  for  legislative 
such   county   or  city  and   county  within   thirty  appoint 
days    after   written    request    for   such    appoint- 
ment  by   the  state  superintendent,  is   received, 
said  state  superintendent  shall   assign   as  soon 
as    practicable    a    deputy    superintendent    who 
shall  perform  all   the  duties  of  sealer  in  such 
county  or  city  and  county  as  provided  in  this 
act  to  be  performed  by  county  or  city  sealers 
and  to  provide  copies  of  the  original  standards 
of  weights  and  measures  for  use  by  said  deputy 
in  such  county.     The  actual  cost  of  such  serv- 
ices shall  be  paid  by  the  county  in   the  same 
manner    in    which    other    claims    against    the 
county  are  paid.     The  amount  to  be  paid  shall 
be  at  the  rate  of  one  hundred  and  fifty  dollars 
per  month   for   the   time   such  deputy   superin- 
tendent is  employed  in  such  county  in  addition 
to  the  actual  traveling  expenses  of  such  deputy 
made     necessary    by     such     appointment.     The 
county  shall  also  stand  its  proportionate  share  t<ost  Of 
of  the  actual  cost  of  the  set  of  copies  to  be  used  copies, 
in  such  county  by  such  deputy,  at  the  rate  of 
one-twelfth  of  the  cost  thereof  for  every  month 
such    copies    are    employed    therein    during   the 
first  year  of  their  use,  and  in  that  event  such 
county  may  at  any  time  pay  the  balance  of  the 
cost    of    such    copies    and    become    the    owner 
thereof,   or  the  county  may   pay   rental   to   the 
state  for  the  use  of  such  copies  at  the  rate  of 
ten    per    cent    per    annum    of    the    cost    price 
thereof.     [Amended,  Stats.  1915,  p.  1315.} 


10 


GENERAL   LAWS. 


Appointment 
of  sealers. 


Compen- 
sation. 


Traveling 
expenses. 


Term. 


SEC.  17.  The  legislative  body  of  any  county 
or  consolidated  city  and  county  of  the  first  to 
the  thirty-fifth  classes,  both  inclusive,  and  the 
legislative  body  of  any  city  or  town  may  ap- 
point a  sealer  of  weights  and  measures,  fix  his 
compensation  and  provide  for  the  appointment 
by  the  sealer  of  such  number  of  deputies  as  the 
said  legislative  bodies  may  deem  necessary  and 
expedient.  Such  sealer  shall  receive  as  com- 
pensation the  sum  of  one  hundred  fifty  dollars 
per  month,  or  at  the  rate  of  one  hundred  fifty 
dollars  per  month  for  each  month  or  part 
thereof  actually  employed  in  the  service  of  such 
county,  or  city  and  county,  or  city  and  town. 
He  shall  be  allowed  his  traveling  expenses 
actually  and  necessarily  incurred  in  the  per- 
formance of  his  duties ;  and  such  deputies  shall 
each  receive  as  compensation  the  sum  of  five 
dollars  per  day  for  each  day  actually  employed 
in  the  service  of  such  county,  or  city  and 
county,  or  city  and  town.  They  shall  be 
allowed  their  traveling  expenses  actually  and 
necessarily  incurred  in  the  performance  of  their 
duties.  The  term  of  office  of  sealer  of  weights 
and  measures  appointed  under  the  provisions  of 
this  section  shall  be  four  years.  He  shall  be 
subject  to  removal  by  the  power  appointing 
him.  Deputies  appointed  under  the  provisions 
of  this  section  by  a  sealer  of  a  county,  city  and 
county,  or  city,  or  town,  shall  be  subject  to 
removal  by  the  sealer. 

In  counties  of  the  second  class  whose  char- 
ters provide  for  a  department  of  weights  and 
measures,  the  appointment  of  a  sealer  and 
deputies,  the  number  of  such  deputies  and  the 
term  of  office  thereof  shall  be  as  provided  in 
said  charter ;  provided,  that  the  sealer  shall 
receive  for  compensation  the  sum  of  three  thou- 
sand dollars  per  annum,  and  one  deputy,  to  be 
known  as  chief  deputy,  shall  receive  as  compen- 
sation the  sum  of  two  thousand  four  hundred 
dollars  per  annum.  Deputies  shall  receive  as 
compensation  the  sum  of  one  thousand  eight 
hundred  dollars  per  annum,  each  payable  ia  the 
same  manner  as  the  salaries  of  other  county 
In  counties  officers  are  paid.  In  counties  of  the  third  class 
the  sealer  shall  receive  as  compensation  the 
sum  of  one  thousand  eight  hundred  dollars  per 
annum,  and  deputies  shall  each  receive  as  com- 
pensation the  sum  of  one  thousand  five  hundred 
dollars  per  annum,  payable  in  the  same  manner 
as  the  salaries  of  other  county  officers  are  paid. 


In  counties 
of  second 
class  with 
charters. 


of  third 
class. 


DEPARTMENT   WEIGHTS   AND   MEASURES.  11 

In  all  counties  other  than  those  of  the  first  to  Appointment 
the  thirty-fifth  classes,  both  inclusive,  no  county  °J  J|Jj2J,es 
sealer  or  deputies  shall  be  appointed  by  the  counties  by 
legislative  body  thereof,  but  the  State  Superin-  state  super- 
tendent  of  Weights  and  Measures  shall  assign  intendent. 
to  such  counties,  or  groups  of  such  counties, 
such  deputy  superintendents  as  may  be  neces- 
sary, but  not  more  than  one  to  each  of  such 
counties.  Such  deputies  shall  have  jurisdiction 
over  such  county,  or  group  of  counties,  as  the 
state  superintendent  may  designate,  except 
within  the  territorial  limits  of  those  cities  and 
towns  within  which  sealers  have  been  appointed 
under  the  provisions  of  this  act.  They  shall 
have  all  the  powers  and  perform  the  duties  of  a 
sealer  of  weights  and  measures.  They  shall  be 
paid  by  the  county  wherein  employed,  five  dol- 
lars a  day  for  each  day  employed  therein,  which 
shall  not  exceed  one  hundred  and  twenty  days 
in  any  one  county  in  any  one  year,  and  they 
shall  also  receive  from  such  county  their  actual 
traveling  expenses.  The  terms  of  office  of  all 
sealers  and  deputy  sealers  in  all  counties  other 
than  those  of  the  first  to  the  thirty-fifth  classes, 
both  inclusive,  shall  terminate  when  this  section 
becomes  effective.  [Amended,  Stats.  1911, 
p.  1649.} 

SEC.  IS.  The  jurisdiction  of  a  sealer  ap-  Jurisdiction 
pointed  or  a  deputy  state  sealer  employed  for  of  sealers- 
a  county  shall  extend  over  the  entire  territorial 
limits  of  the  county  appointing  such  sealer, 
except  within  the  territorial  limits  of  those 
cities  and  towns  within  which  sealers  have  been 
appointed  under  the  provisions  of  this  act.  The 
jurisdiction  of  the  sealer  of  weights  and  meas- 
ures appointed  by  the  legislative  body  of  any 
city  or  town  under  the  provisions  of  this  act 
shall  extend  over  the  entire  territorial  limits  of 
such  city  or  town. 

SEC.  19.     This   act   shall   not   affect   the   ap-  Sealers 
pointment  of  any  sealer  of  weights  and  meas-  JerSofm-e 
ures  heretofore  appointed  for  any  city,  town  or  not  affected. 
city  and  county  under  any  law,  but  such  sealers 
shall  perform  the  duties  of  the  office  under  the 
provisions    of    this    act,    and    shall    possess    the 
same   powers   and   duties   as   sealers   appointed 
under  the  provisions  of  this  act. 

SEC.  20.     Except    as    herein    otherwise    pro-  Copies  of 
vided    the    board    of    supervisors    or    legislative  JoStSs  etc 
body   of  each   county,   city,  town   and  city  and 
county  of  the  state  shall,  upon  the  appointment 
of  a  sealer  under  the  provisions  of  this  act,  pro- 
vide  and   procure   for   their   respective   county, 
city,  town  and  city  and  county,  copies  of  the 
state's   standards   of  weights   and   measures   at 


12 


GENERAL   LAWS. 


Copies  to 
be  tested. 


Copies 
deemed 
correct. 


Duties  of 
sealers. 


the  expense  of  such  county,  city,  town  or  city 
and  county ;  such  copies  shall  be  verified  and 
certified  to  by  the  State  Superintendent  of 
Weights  and  Measures  as  in  section  eight  of 
this  act  provided. 

SEC.  21.  Sealers  appointed  under  the  pro- 
visions of  this  act  shall,  at  least  every  two 
years,  cause  to  be  proved  and  tested  by  the 
state  superintendent  copies  of  the  state's  stand- 
ards in  their  possession.  If,  upon  such  inspec- 
tion, or  any  inspection  by  the  state  superintend- 
ent, the  copies  of  the  weights  and  measures 
tested  shall  be  found  to  be  incorrect,  the  same 
shall  be  adjusted,  if  the  same  are  susceptible  of 
being  adjusted,  but  if  not,  new  copies  shall  be 
procured  and  certified  to  in  the  same  manner 
as  original  copies. 

SEC.  22.  In  any  prosecution  for  a  violation 
of  any  of  the  provisions  of  this  act  any  copy 
of  the  standards  of  weights  and  measures  of  the 
state  furnished,  procured  and  certified  to  under 
the  provisions  of  this  act,  shall  be  admitted  in 
evidence  upon  the  trial,  and  such  copy  shall  be 
deemed  prima  facie  true  and  correct. 

SEC.  23.  It  shall  be  the  duty  of  any  sealer 
of  weights  and  measures  to  carefully  preserve 
all  copies  of  the  standards  of  weights  and 
measures  in  his  possession,  and  to  keep  the 
same  in  a  safe  and  suitable  place  when  not 
actually  in  use ;  and  it  shall  be  his  duty  an- 
nually and  at  such  other  times  as  the  state 
superintendent  may  require,  to  file  with  such 
superintendent  a  written  report  of  the  work 
done  by  him  of  the  weights,  measures,  weighing 
and  measuring  instruments  inspected  or  tested 
by  him  and  of  the  result  of  such  inspection,  of 
all  prosecutions  instituted  by  him  for  violations 
of  the  provisions  of  this  act  and  of  all  other 
matters  and  things  pertaining  to  his  duties  or 
which  may  be  required  by  the  state  superin- 
tendent. 

SEC.  24.  Every  person  using  or  keeping  for 
weighing  and  use  or  having  or  offering  for  sale  weights, 
instruments  scales'  beams>  measures  or  every  kind,  instru- 
to  have  same  ments  or  mechanical  devices  for  weighing  or 
tested.  measurement,  and  tools,  appliances  and  acces- 
sories connected  with  any  or  all  of  such  instru- 
ments or  measures  within  a  county,  city,  town, 
or  city  and  county  in  which  there  has  been 
appointed  a  sealer  under  the  provisions  of  this 
act,  shall  within  three  months  after  the  ap- 
pointment of  such  sealer  cause  all  such  weights, 
scales,  beams,  measures  of  every  kind,  instru- 
ments or  mechanical  device  for  weighing  or 
measurement,  and  tools,  appliances  and  acces- 


Dealers  in 


DEPARTMENT   WEIGHTS   AND    MEASURES.  13 

sories  connected  with  any  or  all  such  instru- 
iivents  or  measures  to  be  sealed  and  marked  by 
the  sealer  of  weights  and  measures  of  the 
county,  city,  town  or  city  and  county  in  which 
the  same  are  •  used,  kept  for  use  or  kept  or 
offered  for  sale. 

SEC.  25.  No  weight,  scale,  beam,  measure  Instruments 
of  any  kind,  instrument  or  mechanical  device  ™lgjjdbjefope 
for  weighing  or  measurement,  nor  tools,  appli-  saie 
ances  or  accessories  connected  with  any  or  all 
of  such  instruments  or  measures  shall  be  used, 
kept  for  use,  sold,  offered  for  sale  or  kept  for 
sale  in  any  county,  city,  town  or  city  and 
county,  in  which  there  is  a  sealer  appointed 
under  the  provisions  of  this  act  and  in  which 
for  three  months  there  has  been  continuously 
in  office  in  such  county,  city,  town  or  city  and 
county  a  sealer,  unless  such  weight,  scale,  beam, 
measure  of  any  kind,  instrument  or  mechanical 
device  for  weighing  or  measurement,  and  tools, 
appliances  and  accessories  connected  with  any 
or  all  such  instruments  or  measures  shall  have 
been  sealed  and  tested  as  in  this  act  provided. 

SEC.  26.  When  any  weight,  scale,  beam,  Instruments 
measure  of  any  kind,  instrument  or  mechanical  jJ1goidinay 
device  for  weighing  or  measurement,  and  tools,  and  use(j. 
appliances  and  accessories  connected  with  any 
or  all  such  instruments  or  measurements  have 
been  tested  and  found  correct  by  any  sealer  ap- 
pointed under  the  provisions  of  this  act,  the 
same  may  be  used,  kept  for  use,  offered  for  sale, 
sold,  or  kept  for  sale  within  any  county,  city, 
town  or  city  and  county  of  this  state  for  one 
year  without  any  further  test.  Any  weight, 
scale,  beam,  measure  of  any  kind,  instrument  or 
mechanical  device  for  weighing  or  measurement, 
and  tools,  appliances  and  accessories  connected 
with  any  or  all  such  instruments  or  measures, 
which  have  been  tested  and  sealed  and  certified 
to  as  correct  by  the  national  bureau  of  stand- 
ards, may  be  kept  for  sale,  sold  or  offered  for 
sale  without  being  first  tested  and  sealed  by  a 
sealer  as  in  this  act  provided.  But  all  such 
weights,  scales,  beams,  measures  of  any  kind,  Subject  to 
instruments  or  mechanical  devices  for  weighing  inspection, 
or  measurement,  and  tools,  appliances  and 
accessories  connected  with  any  or  all  such  in- 
struments or  measures  shall  always  be  subject 
to  inspection  and  testing  as  herein  provided, 
notwithstanding  that  the  same  have  been  tested 
and  sealed  either  by  a  sealer  appointed  under 
the  provisions  of  this  act  or  by  the  national 
bureau  of  standards. 


14 


GENERAL  LAWS. 


Testing  of 


assembled 
before  use. 


Testing  upon 

requestor 

resident. 


request  of 
firm,  etc., 
using. 


Not  relieved 

from 

violation. 


SEC.  27.  Any  scale,  beam  or  mechanical 
for  wei£ninff  or  measuring,  which,  after 
being  sold  and  before  being  used  for  weighing 
or  measuring  it  is  necessary  to  assemble  or  set 
up,  may  be  sold,  kept  for  sale,-  or  offered  for 
sale  without  first  being  tested  and  sealed  as  in 
this  act  provided  ;  but  such  scale,  beam  or 
mechanical  device  for  weighing  or  measuring, 
before  being  used  for  weighing  or  measuring 
must  be  tested  and  sealed  as  in  this  act  pro- 
vided. 

SEC.  28.  Upon  a  written  request  of  any 
resident  of  a  county,  city,  town  or  city  and 
county,  in  which  there  has  been  appointed  a 
sealer  under  the  provisions  of  this  act  there 
appearing  reasonable  ground  therefor,  the  sealer 
for  such  county,  city,  town  or  city  and  county 
shall  test  or  cause  to  be  tested,  as  soon  there- 
after as  is  practicable,  the  weights,  scales, 
beams,  measures  of  any  kind,  instruments  or 
mechanical  devices  for  weighing  or  measure- 
ment, tools,  appliances  and  accessories  connected 
with  any  or  all  such  instruments  or  measure- 
ments used  in  buying  or  selling  by  the  person, 
firm  or  corporation,  designated  in  such  request. 
Upon  the  written  request  of  any  person,  firm  or 

'  .  •  t        •          f  ii«  * 

corporation,  using,  having  for  use,  selling,  keep- 
ing  or  offering  for  sale  any  weight,  scale,  beam, 
measure  of  any  kind  or  instrument  or  mechan- 
ical device  for  weighing  or  measurement,  tools, 
appliances  and  accessories  connected  with  any 
or  all  such  instruments  or  measures,  in  any 
county,  city,  town,  or  city  and  county  in  which 
there  has  been  appointed  a  sealer  under  the 
provisions  of  this  act,  the  sealer  for  such 
county,  city,  town  or  city  and  county  shall  test 
or  cause  to  be  tested,  as  soon  thereafter  as  is 
practicable,  the  weights,  scales,  beams,  measures 
of  any  kind,  instrument  or  mechanical  device 
for  weighing  or  measurement,  tools,  appliances 
and  accessories  connected  with  any  or  all  such 
instruments  or  measures  belonging  to  or  used 
bv  suca  person,  firm  or  corporation  ;  but  such 
written  request  shall  not  relieve  the  person,  firm 
or  corporation  making  it  from  any  violation  of 
the  provisions  of  'this  act  or  of  the  responsibility 
provided  in  this  act  for  using,  keeping  for  use, 
selling  or  offering  to  sell,  or  keeping  for  sale, 
any  false  weight,  scale,  beam,  measure  of  any 
kind,  instrument  or  mechanical  device  for 
weighing  or  measurement,  tools,  appliances  and 
accessories  connected  with  any  or  all  such 
instruments  or  measures. 


DEPARTMENT   WEIGHTS   AND    MEASURES.  15 

SEC.  29.  The  sealer  shall,  within  his  county,  Duties  of 
city,  town  or  city  and  county,  inspect,  try,  test  se 
all  weights,  scales,  beams,  measures  of  any  kind, 
instruments  or  mechanical  devices  for  weighing 
or  measurements,  and  tools,  appliances  and 
accessories  connected  with  any  or  all  such  in- 
struments or  measures,  kept  for  the  purpose  of 
sale,  sold,  or  used  by  any  proprietor,  agent, 
lessee  or  employee  in  proving  the  size,  quantity, 
extent,  area,  weight  or  measurement  of  quanti- 
ties, things,  produce,  articles  for  distribution  or 
consumption,  purchased  or  offered  or  submitted 
by  such  person  or  persons  for  sale,  hire  or 
award  and  ascertain  if  the  same  are  correct ; 
and  he  shall  have  the  power  to  and  shall,  from 
time  to  time,  weigh  or  measure  packages  or  Weigh 
amounts  of  commodities  of  whatsoever  kind  kept  Paclca&es- 
for  the  purpose  of  sale,  offered  for  sale  or  sold, 
or  in  the  process  of  delivery,  in  order  to  deter- 
mine whether  the  same  contain  the  quantity  or 
amount  represented  and  whether  they  are  being 
offered  for  sale  or  sold  in  accordance  with  law 
and  may  seize  for  use  as  evidence  any  such 
amounts  of  commodities  or  package  or  packages 
which  shall  be  found  to  contain  a  less  amount 
than  that  represented.  He  shall,  at  least  once 
in  each  year,  or  as  much  oftener  as  he  deems 
necessary,  see  that  the  weights,  measures  and 
all  weighing  and  measuring  apparatus,  used  in 
his  county,  city,  town,  or  city  and  county,  are 
correct.  He  may,  for  the  purpose  above  men- 
tioned, and  in  the  general  performance  of  his 
duty,  without  formal  warrant,  enter  or  go  into 
or  upon,  any  stand,  place,  building  or  premises 
or  stop  any  vendor,  peddler,  junk  dealer,  driver 
of  a  coal  wagon,  ice  wagon  or  delivery  wagon  or 
the  driver  of  any  wagon  containing  commodities 
for  sale  or  delivery  and,  if  necessary,  require 
him  to  proceed  to  some  place  which  the  sealer 
may  specify  for  the  purpose  of  making  the 
proper  tests. 

SEC.  30.     Any  sealer  having  knowledge  of  a  Violators 
violation  of  any  of  the  provisions  of  this  act,  or  Prosecuted. 
of  any   law  relating  to  weights  and  measures 
shall  cause  the  violator  to  be  prosecuted. 

SEC.  31.     Whenever  a  sealer  compares  weights  Marking 
and  measures  or  weighing  or  measuring  instru-  2^jj?esand 
ments  and  finds  that  they  correspond,  or  causes  tested,  etc. 
them  to  correspond,  to  the  standards  in  his  pos- 
session, he  shall  seal  or  mark,  under  his  name, 
such  weight  or  measure  or  weighing  or  measur- 
ing   instrument    with    an    appropriate    device 
showing  that  the  weight  or  measure  or  weighing 
or  measuring  instrument  is  correct  and  the  date 
of  the  inspection,  which  device  shall  be  placed 


16 


GENERAL   LAWS. 


"Out  of 
order." 


so  as  to  be  easily  seen.     He  shall  condemn  and 
seize    and    may    destroy    incorrect   weights    and 
measures   and    weighing   and   measuring   instru- 
ments which  in  his  best  judgment  arc  not  sus- 
ceptible of  repair,  but  any  weight,  measure  or 
weighing  or  measuring  instrument  which  shall 
be  found  to  be  incorrect,  but  which  in  his  best 
judgment    are    susceptible    of    repair,    he    shall 
cause  to  be  marked  with  a  tag  or  other  suitable 
device  with   the   words   "Out  of   Order."     The 
owners  or  users  of  any  weights  or  measures  or 
weighing  or  measuring  instruments  which  have 
been  marked  "Out  of  Order,"  as  in  this  section 
provided,  may  have  the  same  repaired  or  cor- 
rected within  thirty  days,  but  until   the  same 
have  been  repaired  or  corrected  and  tested  as 
herein  provided  the  owners  or  users  thereof  may 
neither  use  nor  dispose  of  the  same  in  any  way, 
but  shall  hold  the  same  at  the  disposal  of  the 
sealer.     When  the  same  have  been  repaired  or 
corrected  the  owrner  or  user  thereof  shall  notify 
the  sealer  and  the  sealer  shall  again  test  and 
prove    the    weight,    measure,    or    weighing    or 
measuring   instrument,    which   had   been    found 
incorrect  and  marked  as  in  this  section  provided, 
and  until  such  weight,   measure,   or  measuring 
or  weighing  instrument  has  been  reinspected  by 
the  sealer  and  found  correct,  the  same  shall  not 
be  used  or  in  any  way  disposed  of  by  the  owner. 
Any  person  who  removes  or  obliterates  any  tag 
or  device  placed  upon  any  weight,  measure,  or 
prohibited,    weighing  or  measuring  instrument  by  the  sealer 
as   in   this   act   provided,    shall   be  guilty   of   a 
misdemeanor.     When    any    weight,    measure   or 
weighing    or    measuring    instrument    has    been 
repaired  and  corrected,  as  in  this  act  provided, 
and  has  been  reinspected  and  found  correct  by 
the  sealer  of  weights  and  measures,  as  in  this 
act  provided,  the  sealer  of  weights  and  measures 
shall  remove  the  tag  or  device  with  the  words 
"Out  of  Order,"  and  shall  seal  and  mark  such 
weight,  measure,  or  weighing  or  measuring  in- 
strument in  the  manner  provided  for  the  mark- 
ing of  the  same  where  upon  inspection  they  are 
found  correct. 

SEC.  32.     Any  person  who,  by  himself,  or  his 
posses'sing'or  employee  or  agent,  or  as  the  employee  or  agent 
using  false     Of  another,  shall  use,  in  the  buying  or  selling  of 
measures"      any   commodity,   or   retain    in   his   possession   a 
false  weight  or  measure  or  weighing  or  measur- 
ing instrument,  or  shall  offer  or  expose  for  sale, 
or  sell,  except  as  heretofore  specifically  allowed 
in   section   twenty-seven   of  this  act,  or  use  or 
retain  in  his  possession  any  weight  or  measure 


Removal 
of  tags 


Penalty  for 


DEPARTMENT    WEIGHTS   AND    MEASURES.  17 

or  weighing  or  measuring  instrument  in  any 
county,  city,  town,  or  city  and  county  in  which 
there  has  been  appointed  a  sealer  of  weights 
and  measures  in  accordance  with  the  provisions 
of  this  act,  which  has  not  been  sealed  by  a 
sealer  within  one  year,  or  who  shall  use  or 
dispose  of  any  condemned  weight  or  measure,  or 
weighing  or  measuring  instrument  contrary  to 
law,  or  any  person  who,  by  himself,  or  his  em- 
ployee or  agent,  or  as  the  employee  or  agent  of 
another,  shall  sell  or  offer  or  expose  for  sale  or 
use  or  have  in  his  possession  for  the  purpose  of 
selling  or  using  any  device  or  instrument  to  be 
used  or  calculated  to  falsify  any  weight  or 
measure,  and  any  person  who,  by  himself,  or 
his  employee  or  agent,  or  as  the  employee  or 
agent  or  another,  shall  sell  or  offer  or  expose  for 
sale  any  commodity,  produce,  article  or  thing  in 
a  less  quantity  than  he  represents  it  to  be  or 
contain,  shall  be  guilty  of  a  misdemeanor.  Pos- 
session of  any  false  weight  or  measure  or  weigh- 
ing or  measuring  instruments  or  records  thereof 
shall  be  prima  facie  evidence  of  the  fact  that 
they  were  intended  to  be  used  in  the  violation 
of  law.  [Amended,  Stats.  1911,  p.  1650.  Also 
amended,  Stats.  1915,  p.  1316.] 

SEC.  32a.     No  person  shall  by  himself  or  his  Sale  of 
employee  or  agent,  or  as  the  employee  or  agent  commodities 
of  another  sell  or  offer  or  expose  for  sale  any  tha°  ^ 
commodity,  produce,  article  or  thing-  at,  by,  or  weight, 
according  to  gross  weight  or  measure,  or  at,  by,  etc.,  mis- 
as,  of,  or  according  to  any  weight,  measure  or  demeanor- 
count    which    is    greater    than    the    true     net 
weight,  measure  or  count  thereof,  or  which  is 
less  than  the  standard  net  weight,  standard  net 
measure  or  standard  net  count,  including  toler- 
ances, as  such  standards  and  tolerances  are  now 
or  may  hereafter  be  established  pursuant  to  the 
provisions    of    this    act.     Any    person    violating 
any   of  the  provisions  of   this  section   shall  be 
guilty  of  a  misdemeanor.      [Added,  Stats.  1917, 
p.  1650.] 

SEC.  33.    The  state  superintendent,  his  deputy,  Power  of 
all  sealers  and  their  deputies,  in  the  perform- 
ance  of  their  official  duties,  shall  have  the  same 
powers  as  are  possessed  by  peace  officers  of  this 
state. 

SEC.  34.     Any    person    who    shall    hinder    or  Hindering 
obstruct  in  any  way  the  state  superintendent,  sealers- 
or  his  deputy,  or  a  sealer  or  his  deputy,  in  the 
performance    of    their    official    duties,    shall    be 
guilty  of  a  misdemeanor. 


18 


GENERAL  LAWS. 


Refusing 


Refusing 
to  exhibit 

es 


Penalty 
forfalse 

ng' 


Misde- 
meanor. 


"Person." 


Duty  of 

rwnorations 
' 


SEC.  35.  Any  person  neglecting  or  refusing 
to  exllil>it  any  weight,  measure,  or  weighing  or 
measuring  instrument  of  any  kind,  or  appliances 
and  accessories  connected  with  any  or  all  of 
such  instruments  or  measures  which  is  in  his 
possession  or  under  his  control,  to  the  state 
superintendent,  or  his  deputy,  or  to  a  sealer  or 
his  deputy,  for  the  purpose  of  allowing  the  same 
to  be  inspected  and  examined  as  in  this  act  pro- 
vided, shall  be  guilty  of  a  misdemeanor. 

SEC.  36.  Any  person,  who  by  himself,  or  his 
employee  or  agent,  or  as  a  proprietor  or  man- 
'ager,  shall  refuse  to  exhibit  any  article,  com- 
modity, produce  or  anything  being  sold  or 
offered  for  sale  at  a  given  weight  or  quantity, 
or  ordinarily  so  sold,  to  the  state  superin- 
tendent, or  to  his  deputy,  or  to  a  sealer  or  his 
deputy,  for  the  purpose  of  allowing  the  same  to 
be  tested  and  proved  as  to  the  quantity  con- 
tained therein  as  in  this  act  provided,  shall  be 
guilty  of  a  misdemeanor. 

SEC.  37.  Any  sealer  who  shall  seal  any 
weight,  measure,  balance  or  apparatus  before 
first  testing  and  making  the  same  conform  with 
the  standards  of  the  state,  or  who  shall  condemn 
any  weight,  measure,  balance  or  apparatus 
without  first  testing  the  same,  shall  be  deemed 
guilty  of  a  misdemeanor. 

SEC.  38.  Any  person  violating  any  of  the 
provisions  of  this  act  shall  be  guilty  of  a  mis- 
demeanor. 

SEC.  39.  The  word  "person,"  as  used  in  this 
act,  shall  be  deemed  to  include  person,  firm  or 
corporation. 

SEC.  40.  It  shall  be  the  duty  of  all  officers, 
directors  and  managers  of  corporations,  whose 
respective  corporations  use  or  keep  for  use,  sell 
or  offer  for  sale,  any  weights,  measures,  or 
weighing  or  measuring  instruments  which  are 
subject  to  inspection  by  the  provisions  of  this 
act,  to  comply  with  the  provisions  of  this  act 
on  behalf  of  their  respective  corporations  ;  and 
it  shall  be  the  duty  of  all  officers,  directors  and 
managers  of  corporations,  whose  respective  cor- 
porations offer  for  sale  or  keep  for  sale  any 
commodity,  produce,  article  or  thing  which  is 
subject  to  inspection  by  the  provisions  of  this 
act,  to  comply  therewith  on  behalf  of  their 
respective  corporations.  In  case  any  corpora- 
tion shall  violate  any  of  the  provisions  of  this 
act,  the  corporation  and  the  officers  thereof 
direcly  concerned  with  the  act  or  acts  consti- 
tuting such  violation  shall  be  severally  guilty 
of  a  misdemeanor. 


DEPARTMENT   WEIGHTS   AND    MEASURES.  19 

SEC.  41.     Any     sealing     or     testing    of    any  Sealing  by 
weight,  measure,  weighing  or  measuring  icstru- 
inent  by  the  state  superintendent  or  his  deputy 
shall  have  the  same  force  and  effect  as  a  sealing 
or  testing  by  a  sealer  or  his  deputy. 

SEC.  42.     There   is   hereby   appropriated    out  Appro- 
of   the  general   fund   of  the   state  the  sum   of  pr 
twelve  thousand  dollars  for  carrying  into  effect 
the  provisions  of  this  act. 

SEC.  43.     This   act   when   cited   or   amended  Title  of  act. 
may  be  designated  as  the  "weights  and  measures 
act."     [Amended,  Stats.  1917,  p.  1650.] 


20  GENEBAL   LAWS. 


NET  CONTAINER  ACT. 

An  act  to  provide  for  the  indicating  of  the  net  quantity 
of  foodstuffs  and  stuffs  intended  to  be  used  or  pre- 
pared for  use  as  food  for  human  beings,  and  medi- 
cine, and  other  commodities  when  gold  or  offered  or 
exposed  for  sale  in  containers  and  providing  for  the 
indicating  of  quantity  in  the  sale  of  commodities  in 
respect  to  which  there  exists  a  definite  trade  custom, 
and  providing  penalties  for  the  violation  thereof. 
[Title  amended,  Stats.  1919,  Chapter  104.] 

[Approved  May  27,  1913 ;  Stats.  1913,  p.  247.  Amended, 
Stats.  1915,  p.  1263 ;  Stats.  1917,  p.  87 ;  Stats.  1919, 
Chapter  104.] 

Title  of  act.       SECTION  1.     This  act  shall  be  known  as  the 

Net  Container  Act. 

Purpose  SEC.  2.     This  act  is  designed  to  protect  pur- 

of  act.  chasers  of  any  commodity  within  its  provisions 
against  deception  as  to  the  quantity  or  amount 
of  the  commodity  purchased,  and  as  against  the 
seller  shall  be  strictly  construed  with  a  view  to 
effect  its  object. 

Application       SEC.  3.     The    provisions    of    this    act    shall 
of  act.          apply    to   foodstuffs   and   stuffs   intended   to  be 
used  or  prepared  for  use  as  food  or  medicine 
for  human  beings  and  shall  apply  to  any  com- 
modity when  sold,   offered  or  exposed  for  sale 
in  containers.     [Amended,  Stats.  1919,  Chapter 
104.     Also  amended,  Stats.  1915,  p.  1263.] 
Net  quantity      SEC.  4.     Whenever    any    of    the   commodities 
plainly         within  the  provisions   of  this  act  are  sold,  or 
marked.        offered  or  exposed  for  sale,  in  containers,   the 
net  quantity  of  the  contents   of  the  container 
shall    be    plainly    and    conspicuously    marked, 
branded,  or  otherwise  indicated  on  the  outside 
or  top  thereof  or  on   a  label   or  tag  attached 
thereto. 

Designation       SEC.  5.     The  designation  of  the  quantity  of 
of  quantity.  the  commodity  required  by  section  four  of  this 
act   shall    be   in    terms   of   weight,    measure   or 
numerical  count,  subject  however  to  the  follow- 
ing provisions : 

(a)  The  quantity  of  the  contents  so  marked 
shall  be  the  net  amount  of  food  or  stuff  or  other 
commodity  in  the  package  or  container. 

(6)  If  the  designation  is  by  weight  it  shall 
be  in  terms  of  avoirdupois  pounds  and  ounces : 
if  the  designation  is  in  liquid  measure  it  shall 
be  in  terms  of  the  United  States  gallon  of  two 
hundred  thirty-one  cubic  inches  and  its  custom- 


DEPARTMENT   WEIGHTS   AND   MEASURES.  21 

ary  subdivisions,  i.e.,  in  gallons,  quarts,  pints, Designation 
or  fluid  ounces;  provided,  that,  by  like  method,  of  quantity, 
such  designations  may  be  in  terms  of  the  metric 
system   of  weight  or   measure. 

(c)  The    quantity    of   solids    shall    be    desig- 
nated in  terms  of  weight,  and  of  fluids  in  terms 
of    measure,    except    in    case    of    an    article    in 
respect   to  which   there   exists  a   definite   trade 
custom ;  in  such  case  the  designation  shall  be  in 
terms    of    weight,    or    measure,    or    numerical 
count,  in  accordance  with  such  custom. 

(d)  The   quantity   of   the    contents   shall   be 
designated  in  terms  of  weight  or  measure,  un- 
less   the    container    be    marked    by    numerical 
count  and  such  numerical  count  gives  accurate 
information  as  to  the  quantity  of  the  food  or 
other  commodity  in  the  package.     When  desig- 
nation   is    by    numerical    count    it    shall    be    in 
English  words  or  Arabic  numerals. 

(c)  The  quantity  of  the  contents  may  be 
stated  in  terms  of  minimum  weight,  minimum 
measure  or  minimum  count,  but  in  such  cases 
the  designation  must  approximate  the  actual 
quantity  and  there  shall  be  no  tolerance  below 
the  stated  minimum. 

(f)  The  quantity  of  viscous  or  semisolid 
foods,  or  of  a  mixture  of  solids  and  liquids,  may 
be  stated  in  terms  of  weight  and  measure. 
When  products  are  packed  in  brine  or  other 
preserving  fluids,  the  weight  or  measure  of  such 
brine  or  fluids  shall  not  be  included  in  the 
weight  or  measure  of  the  edible  or  commodity 
indicated  on  the  container.  [Amended,  Stats. 
1919,  Chapter  104.  Also  amended,  Stats.  1915, 
p.  1264;  Stats.  1917,  p.  87.] 

SEC.  6.     The  provisions  of  this  act  shall  not  wherein  not 
apply —  applicable. 

(a)  To  any  sale  of  a  commodity  within  the 
provisions  of  this  act  when  such  sale  is  made 
from  bulk  and   the  quantity  is  weighed,  meas- 
ured or  counted  for  the  immediate  purpose  of 
such   sale. 

(b)  To  a  sale  of  any  container  of  an  orna- 
mental   or    symbolic    character    with    which    a 
quantity  of  some  commodity  is  sold  as  merely 
incidental. 

(c)  To   a  sale  of  a  commodity   in   any  con- 
tainer of  a  net  weight  of  two  ounces  or  less,  or 
of  a  commodity  in  any  container  of  a  measure 
of  two  fluid  ounces  or  less,  or  of  a  commodity 
in  any  container  of  a  numerical  count  of  six  or 
less. 

(d)  To  the  sale  of  medicine,  when  prescribed 
by  a  licensed  physician,  veterinarian,  or  dentist ; 


22 


GENERAL   LAWS. 


Discrepancy 
due  to 
unavoidable 
shrinkage, 
etc. 


Discrepancy 
in  commod- 
ity received 
by  seller. 


'Person.' 


Container 
defined. 


Penalty. 


or  to  medicinal  or  pharmaceutical  preparations 
or  mixtures  of  two  or  more  medicinal  sub- 
stances. [Amended,  Stats.  1915,  p.  1264-] 

SEC.  7.  It  shall  not  be  held  to  be  a  violation 
of  the  provisions  of  this  act  when  a  commodity 
in  a  container  is  sold,  or  offered  or  exposed  for 
sale,  and  there  is  a  discrepancy  between  the 
actual  quantity  of  the  commodity  in  said  con- 
tainer and  the  net  quantity  of  the  contents 
thereof  indicated  on  the  container  as  herein  pre- 
scribed, provided  such  discrepancy  is  due  to 
unavoidable  leakage,  shrinkage,  evaporation, 
waste,  or  causes  beyond  the  control  of  the  seller 
acting  in  good  faith. 

SEC.  8.  It  shall  not  be  held  to  be  a  violation 
of  th3  provisions  of  this  act  when  a  commodity 
in  a  container  is  sold,  or  offered  or  exposed  for 
sale,  and  there  is  a  discrepancy  between  the 
actual  quantity  of  the  commodity  in  said  con- 
tainer and  the  net  quantity  of  the  contents 
thereof  indicated  on  the  container  as  herein  pre- 
scribed provided,  that  the  seller  purchased  said 
commodity  in  said  container,  in  good  faith  rely- 
ing upon  the  said  indication  of  the  net  contents 
thereof,  and  sold  said  commodity  in  said  con- 
tainer without  altering  the  contents  thereof 
or  tha  indication  of  the  contents  thereof;  and 
provi  led,  further,  that  the  exemption  of  this 
section  shall  not  apply  to  any  sale  unless  the 
container  had  the  name  of  a  packer,  manufac- 
turer, wholesaler,  or  jobber  thereon  at  the  time 
the  seller  purchased  it. 

SEC.  9.  The  term  "person"  used  in  this  act 
shall  include  every  person,  firm,  company,  co- 
partnership, society,  association  and  corpora- 
tion. 

SEC.  10.  The  term  container  used  in  this 
act  is  hereby  defined  to  be  any  receptacle  or 
carton  into  which  a  commodity  is  packed,  or 
any  wrappings  with  which  any  commodity  is 
wrapped  or  put  for  sale,  or  to  be  offered  or 
exposed  for  sale.  No  containers,  boxes,  or 
baskets  wherein  food  products  or  other  com- 
modities are  packed  shall  have  a  false  bottom, 
or  be  so  constructed  as  to  facilitate  the  perpe- 
tration of  deception  or  fraud.  [Amended, 
Stats.  1919,  Chapter  104.  Also  amended,  Stats. 
1911,  p.  88.] 

SEC.  11.  Every  person,  who  by  himself  or 
his  agent,  servant  or  employee  violates  or  causes 
or  pe.-mits  to  be  violated  any  of  the  provisions 
of  this  act  shall  be  guilty  of  a  misdemeanor  and 
upon  conviction  shall  be  punished  by  a  fine  of 
not  less  than  twenty-five  dollars  nor  more  than 


DEPARTMENT   WEIGHTS   AND    MEASURES.  23 

five  hundred  dollars,  or  shall  be  imprisoned  in 
the  county  jail  for  a  term  not  exceeding  six 
months,  or  by  both  such  fine  and  imprisonment. 

SEC.  12.     All   acts  and   parts   of  acts  incon-  Repealed, 
sistent  with  or  in  conflict  with  any  of  the  pro- 
visions of  this  act  are  hereby  repealed. 

(a)    It  shall  not  be  held  to  be  a  violation  of  Containers 
the  provisions  of  this  act  to  sell  or  offer  for  sale  complying 
any  commodity  contained  in  a  container  which 
complies  with   the  provisions  and  requirements 
of  any  act  of  congress  or  the  opinions  and  regu- 
lations as  issued  by  the  secretary  of  agriculture 
and  appertaining  to  net  weight  or  measure. 

(6)   The    enforcement    of    the    provisions    of  Enforcement, 
this  act  shall  be  under  the  supervision  of  the 
State  Superintendent  of  Weights  and  Measures. 
[Amended,  Stats.  1915,  p.  1265.] 


24  GENERAL   LAWS. 


WEIGHMASTER  ACT. 

An  act  defining  public  weighmaster;  describing  his  duties; 
providing  for  rules  and  regulations  governing  the  per- 
formance of  his  duties;  prescribing  a  bond  and  fixing 
the  amount  thereof ;  and  providing  penalties  for  any 
violation  of  the  provisions  of  this  act. 

[Approved  June  8,  1915 ;  Stats.  1915,  p.  1288.    Amended, 
Stats.  1919,  Chapter  348.] 

Public  SECTION  1.     All  persons,  firms,  corporations, 

weighmaster.  copartners  or  individuals  engaged  in  the  busi- 
ness of  public  weighing  for  hire,  or  any  person, 
firm  or  corporation,  who  shall  weigh  or  measure 
any  commodity,  produce,  or  article,  and  issue 
therefor  a  weight  certificate  which  shall  be 
accepted  as  the  accurate  weight  upon  which  the 
purchase  or  sale  of  such  commodity,  produce  or 
article,  is  based,  shall  be  known  as  a  public 

Bond.  weighmaster,  and  shall  file  a  bond  with  the 

state  superintendent  of  weights  and  measures 
in  the  sum  of  one  thousand  dollars  for  the 
faithful  performance  of  his  duties,  and  shall 
obtain  from  the  state  superintendent  of  weights 
and  measures  a  seal  for  the  stamping  of  weight 
certificates  hereinafter  provided  for,  which 
shall  only  be  in  such  form  as  such  superin- 

Exception.  tendent  may  prescribe ;  provided,  that  nothing 
in  this  act  shall  apply  to  any  scales,  or  to  the 
owner  or  lessee  thereof,  which  are  situated 
wholly  outside  of  any  incorporated  city  or  town, 
except  where  said  scales  are  being  used  in  the 
weighing  of  any  commodity  which  has  been  or 
is  bein£  purchased  by  the  owner  or  lessee  therof , 
which  are  being  used  in  the  weighing  of  any 
commodity  intended  for  storage  for  which  a 
storage  charge  is  made. 

Seals.  (a)  The  said  seals  shall  be  the  property  of 

the  state  and  shall  be  forfeited  and  returned  to 
the  state  superintendent  of  weights  and  meas- 
ures upon  termination  of  the  performance  of 
the  duties  herein  prescribed  as  being  the  duties 
of  a  public  weighmaster.  Such  seal  shall  be  of 
a  form  and  design  prescribed  by  the  state  super- 
intendent and  furnished  by  him  at  the  expense 
of  the  weighmaster.  Said  seal  shall  be  a  recog- 
nized authority  of  accuracy  when  applied  to 
weight  certificates.  [Amended,  Stats.  1919, 
Chapter  3^8.] 


DEPARTMENT   WEIGHTS   AND   MEASURES.  25 

SEC.  2.  The  state  superintendent  shall  pre-  weight 
scribe  a  form  of  weight  certificates  to  be  used  certificates. 
by  all  public  weighmasters,  which  certificates 
shall  be  known  as  the  "state  certificate  of 
weights  and  measures,"  and  shall  state  thereon 
the  kind  of  product,  the  number  of  units  of  the 
same,  the  date  of  receipt  of  the  product,  the 
owner,  agent  or  consignee,  the  total  weight  of 
the  product,  the  vessel,  railroad,  team,  or  other 
means  by  which  the  product  was  received,  any 
trade  or  other  mark  thereon,  and  such  other  in- 
formation as  may  be  necessary  to  distinguish  or 
identify  the  product  from  a  like  kind.  No  cer- 
tificate other  than  the  one  herein  prescribed 
shall  be  used  by  public  weighmasters. 

SEC.  3.  All  public  weighmasters  shall  keep  Records, 
and  preserve  correct  and  accurate  records  of  all 
public  weighings,  as  provided  by  this  act,  which 
records  shall  at  all  times  be  open  for  inspection 
by  the  State  Superintendent  of  Weights  and 
Measures,  or  his  deputy. 

SEC.  4.     All  state  certificates  of  weights  and  Accurate 
measures,  as  provided  by  this  act,  shall  contain 
the  accurate  and  correct  weight  of  any  and  all 
commodities  weighed  when  issued  by  the  public 
weighmaster. 

(a)  Any  public  weighmaster  who  shall  issue  Penalty  for 
a  state  certificate  of  weights  and  measures 
giving  a  false  weight  or  measure  of  any  article 
or  commodity  weighed  or  measured  by  him,  or 
his  representative,  to  any  person,  firm  or  corpo- 
ration, shall  be  guilty  of  a  misdemeanor,  and 
the  state  superintendent  may  direct  and  compel 
the  return  to  him  of  the  state  seal,  or  declare 
his  bond  as  public  weighmaster  forfeited,  or 
both. 

SEC.  5.  Any  person,  firm,  corporation,  who  Penalty  for 
shall  request  the  public  weighmaster,  or  any  false 
person  employed  by  him  to  weigh  any  product, 
commodity,  or  article  falsely  or  incorrectly,  or 
who  shall  request  a  false  or  incorrect  state 
certificate  of  weight  and  measure,  or  any  per- 
son issuing  a  state  certificate  of  weights  and 
measures  who  is  not  a  public  weighmaster  as 
provided  for  in  this  act,  shall  be  guilty  of  a 
misdemeanor.  [Amended,  Stats.  1919,  Chapter 
348.] 

SEC.  6.     When  doubt  or  differences  arise  as  Reweighing 
to  the  correctness  of  the  net  or  gross  weight  of  jj  «*c  of 
any  amount  of  part  of  any  commodity,  produce, 
or  article  for  which  a  state  certificate  of  weights 
and    measures    has    been    issued    by    a    public 
weighmaster,    the    owner,    agent,    or    consignee 
may,  upon  complaint  to  the  state  superintend- 
ent  of   weights   and   measures,   or   his  deputy, 


liO  GENERAL   LAWS. 

have  said  amount  or  part  of  the  amount  of  any 
commodity,  produce,  or  article,  reweighed  by 
the  state  superintendent  of  weights  and  meas- 
ures, or  a  public  weighmaster  designated  by 
him,  upon  depositing  a  sufficient  sum  of  money 
to  defray  the  actual  cost  of  reweigh  with  the 
state  superintendent  of  weights  and  measures. 
If,  on  reweighing,  a  difference  in  the  original 
weight  is  discovered  as  the  result  of  fraud, 
carelessness,  or  faulty  apparatus,  the  cost  of 
reweighing  shall  be  borne  by  the  public  weigh- 
master responsible  for  the  issuance  of  such 
faulty  state  certificate  of  weights  and  measures. 
All  public  weighinasters  employing  or  desig- 
nating any  person  to  act  for  them  as  deputy 
public  weighmaster,  shall  be  responsible  for  all 
acts  performed  by  such  person,  and  the  public 
weighmaster  shall  forward  to  the  state  superin- 
tendent of  weights  and  measures  the  name  and 
address  of  persons  so  appointed.  [Amended, 
Stats.  1919,  Chapter  348.] 

Lots  piled  $EC.  7,  All  amounts,  lots,  shipments,  or 
'  consignments  of  products,  after  having  been 
weighed,  shall  be  piled  or  stored  separately,  as 
near  as  can  be,  or  in  some  manner  marked  in 
order  that  said  amounts,  lots,  shipments,  or 
consignments  may  be  distinguished  from  each 
of  a  like  kind.  When  any  product  is  sold  sub- 
ject to  public  weighmaster  weights,  such  weight 
shall  be  the  true  net  weight  of  the  product. 

Net  weight.  Net  weight  within  the  meaning  of  this  act  shall 
be  the  correct  or  actual  weight  of  the  com- 
modity excluding  the  weight  of  the  container. 
[Amended,  Stats.  1919,  Chapter  348.] 

Penalty.  SEC.  7«.  Any  person  violating  any  of  the 

provisions  of  this  act  shall  be  guilty  of  a  mis- 
demeanor. [Added,  Stats.  1919,  Chapter  348.] 

Appro-  SEC.  8.     There  is  hereby  appropriated  out  of 

priation.  the  generai  fun(j  of  the  state,  three  thousand 
dollars,  for  carrying  into  effect  the  provisions 
of  this  act. 

Repealed.  SEC.  9.  All  acts  or  parts  of  acts  in  conflict 

with  the  provisions  of  this  act  are  hereby 
repealed. 


DEPARTMENT    WEIGHTS    AND    MEASURES.  27 


HAY  BALING  ACT. 

An  act  relating  to  baling  of  hay;  defining  hay  "baler; 
providing  regulations  governing  the  baling  of  hay; 
providing  for  the  sale  of  hay  ly  net  weight;  providing 
penalties  for  any  violation  of  the  provisions  of  this 
act. 

[Approved  May  19,  1919.] 

SECTION  1.     The   term    "baler"   or   "presser"  Definition, 
as  referred  to  in  this  act  shall  mean  the  person, 
firm,     association,    or    corporation    owning    or 
having  possession  of  or  operating  a  hay  press. 

SEC.  2.     Any    person    baling    hay    for    com-  How 
pensation   shall    employ    scales   that   have   been  weighed, 
tested  and  sealed  by  the  sealer  of  weights  and 
measures  and  any  record  of  weight  forming  the 
basis  in  settlement  for  baling  hay  shall  be  the 
true    net   weight    of    the    baled    hay ;    and    any 
record  of  weight  forming  the  basis  of  settlement 
in  the  sale  or  purchase  of  baled  hay  shall  be  the 
true  net  weight  of  such  baled  hay. 

SEC.  3.     No  baler  or  presser  of  hay  shall  put  Fraud  in 
or  conceal   in   any   such   bale   of  hay   anything  weight, 
whatever    for    the    purpose    of    increasing    the 
weight  of  such  bale  with  intent  to  defraud. 

SEC.  4.  Hay  when  sold,  offered,  or  exposed  HOW  sold, 
for  sale  shall  be  sold  by  avoirdupois  weight  and 
a  ton  shall  consist  of  two  thousand  pounds  net 
weight ;  providing,  however,  that  hay  may  be 
sold  by  the  bale  in  which  case  the  net  weight 
of  the  bale  shall  be  indicated  on  a  tag  securely 
fastened  to  the  bale. 

SEC.  5.     When  any  hay  is  shipped  by  a  com-  Broken 
mon    carrier    in    bales    and    where    such    bales  1)ales< 
become  broken,  the  approximate  weight  of  such 
broken    bales    shall    be    included    in    the    total 
weight  of  the  hay  shipped. 

SEC.  6.     Any    person,    firm    or    corporation,  Penalty, 
violating  any  of  the  provisions  of  this  act  shall 
bo  guilty  of  a  misdemeanor  and  shall  be  pun- 
ished by  a  fine  of  not  less  than  fifty  dollars,  or 
more  than  one  hundred  dollars. 


INDEX. 

WEIGHTS  AND   MEASURES  ACT. 

Section 

APPROPRIATION 42 

CORPORATIONS,  officers  to  comply  with  act 40 

NET  WEIGHT,  NET  MEASURE,  ETC. 

commodities  sold  at  other  than,  penalty 32a 

established 6 

PACKAGES,  ETC. 

under  weight,  sale  prohibited 32 

weighing  by  sealer 29 

PENALTIES. 

commodities,  refusing  to  exhibit 36 

commodity  under  weight,  sale  of 32 

corporation  officers,  violating  act 40 

false  sealer,  use  of 32 

net  weight,  sale  at  other  than  violation 32a 

prosecution   of  violators 30 

scales,  refusing  to  exhibit 35 

sealer,  false  sealing  by 37 

sealer,  hindering 34 

sealer's  tag,  removal  of 31 

standards,  violating 6 

untested  scales,  use  of 32 

violation  of  act 38 

SCALES. 

assembled,  test  of 27 

correct  sealing  of 31 

dealers,  test  of 24,  25 

false,  use  prohibited 32 

incorrect,  repair  of 31 

incorrect,  seizure  of 31 

out  of  order,  repair  of 31 

refusal  to   exhibit 35 

state  institutions,  tests  in 10 

superintendent,  etc.,  not  to  be  interested  in  sale 12 

tests,  animal 26 

tests  by  national  bureau,  inspection 26 

tests  upon  request 28 

tolerances  and  specifications 6 

untested,  use  prohibited 32 

SEALERS. 

appointment 16 

charges  by  superintendent 12 

cities,   not  affected  in,  when 19 

counties  first  to  thirty-fifth  class 17 

counties  above  thirty-fifth  class 17 

defined 16 

duties   29 

false  sealing ;  penalty 37 

inspection  by  superintendent 11 

instructions  by  superintendent 14 

jurisdiction    18 

packages,  the  weighing  of 29 

prosecution  of  violators 30 

report  to  superintendent 23 

salaries    16,  17 

standards,  tests  of  copies 21 

term   16,  17 

tests  on  request 28 


30  INDEX. 

STANDARDS  OF  WEIGHTS  AND  MEASURES. 

copies  Section 

counties,  etc.,  furnished  to 8 

counties,  etc.,  to  secure 20 

evidence  in  trial 22 

expense  of  comparing 9 

inspection    9 

state  use 9 

tests 8,  21 

custody    6 

established 5 

STATE  INSTITUTIONS,  test  of  scales  in 10 

SUPERINTENDENT    OF    WEIGHTS    AND    MEAS- 
URES. 

appointment   1 

bond 2 

charges  against  sealers 12 

deputies 

appointment,  salaries,  etc 3 

assignment  as  sealers 16 

counties  over  thirty-fifth  class 17 

expenses 4 

investigations  by 13 

inspection  of  local  sealers 11 

peace  officer,  power  of 33 

records  on  file 15 

report 13 

salary 2 

sealer,  has  power  of 11 

term 2 

tests  by,  same  force  as  sealer's 41 

TESTS. 

copies  of  standards 8,21 

request  of  person,  firm,  etc 28 

required  by  sealer 29 

TITLE 43 

TOLERANCES  AND  SPECIFICATIONS,  established-  6 

WEIGHTS  AND  MEASURES,  standards  established.  5 


NET  CONTAINER  ACT. 

CONTAINER,  net  quantity  marked  on 4 

DISCREPANCY  IN  WEIGHT. 

commodity  received  by  seller 8 

shrinkage,  etc.,  unavoidable 7 

EXCEPTIONS,  bulk,  sale  from 6a 

containers    complying   with    United    States    require- 
ments     12a 

medicines    6d 

ornamental  container 6b 

two  ounces  or  less,  etc 6c 

FALSE  BOTTOMS,  prohibited 10 

METRIC  SYSTEM,  use  permitted 5b 

NET  QUANTITY,  marked  on  container 4 

PENALTY 11 

PERSON,  defined 9 

PURPOSE  _.  2 


INDEX.  31 

QUANTITY.  Section 

designation  of  brine,  etc.,  when  packed  in 5f 

fluids,  term  of 5c 

liquid  measure,  terms  of 5b 

minimum 5e 

numerical   count 5d 

solids,  terms  of 5c 

trade  custom,  according  to 5c 

viscous  or  semisolid  foods 5f 

weight,  terms  of 5b 

REPEAL,  of  conflicting  acts 12 

SUPERINTENDENT     OF    WEIGHTS    AND     MEAS- 
URES, enforcement  of  act 12b 

TITLE 1 

APPLICATION 3 

CONTAINER,  defined 10 


WEIGHMASTER  ACT. 

APPROPRIATION 8 

EXCEPTIONS,  scales  outside  of  city 1 

NET  WEIGHT,   denned 7 

PENALTY. 

false  measurement,   requesting 5 

false   weight  certificates 4a 

violation  of  act 7a 

PUBLIC  WEIGHTMASTER. 

bond    1 

defined 1 

deputies,  responsible  for 6 

false  certificates,  penalty  for  giving 4a 

records 3 

REPEAL,  of  conflicting  acts 9 

REWEIGHING,  in  case  of  doubt —  6 

SEALS. 

form la 

property   of   state la 

provided   by  superintendent 1 

SEPARATE  LOTS,  after  weighing 7 

WEIGHT  CERTIFICATE. 

accurate  weight 4 

false,  penalty  for  giving 4a 

false,  requesting  penalty 5 

form  _.  2 


HAY  BALING  ACT. 

"BALER"  OR  "PRESSER,"  definition  of 1 

BALING,  regulations  governing. 

bales,   broken,   approximate  weight 5 

Scales,  to  be  tested  and  sealed 2 

shall  .not  conceal  anything  in  bale 3 

tag,  to  be  fastened  to  bale 4 

ton,   two  thousand  pounds 4 

true  net  weight,  basis  for  settlement 2 

weight,  avoirdupois 4 

VIOLATION  OF  ACT,  penalty  for 6 


404C4     7-19     10M 


14  DAY  USE 

RETURN  TO  DESK  FROM  WHICH  BORROWED 

LOAN  DEPT. 

This  book  is  due  on  the  last  date  stamped  below,  or 

on  the  date  to  which  renewed. 
Renewed  books  are  subject  to  immediate  recall. 

28Jan5?CB 


REC'D  LD 

JAN  .  a  1957 


General  Library 
University  of  California 


Photomount 

Pamphlet 

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Makers 
Stockton,  Calif. 

PAT.  JAN.  21.  1908 


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